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Hit, The: An Investigative Documentary (2022)

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Hit, The: An Investigative Documentary (2022)

Post by bunniefuu »

(Metallic sound)

(Lion roaring)

- [Announcer] All right,
ladies and gentlemen.

On the count of three,

I want you to tell me who you
think's gonna win this race.

Ready? One, two, three!

(crowd yells faintly)

I think they all have a good chance,

but we're gonna find out in 25 lap.

Canandaigua, are you ready?

Wipe the visor, adjust
the five-point harness.

Grandpa, take a Viagra pill!

It's time to get it on!

Race fans,

it's showtime!

(trumpet fanfare plays)

(race cars whooshing)

And Stewart's got a head of steam.

He's gonna go to work on
the Jeff Cook, number 10.

As Stewart has Kevin Ward Jr.

right there in front of him now.

(quiet piano music)

Oh! And we've got Ward into the wall!

Ward into the wall!

He bounces it over the cushion.

(quiet piano music)

And Kevin Ward's coming out of his car.

He is looking for somebody.

He is looking for...

I believe it was Tony Stewart.

- [Speaker] Red, red, red, red, red, red!

- [Spectator] Oh, he hit him!

Tony Stewart just hit that guy, Alex!

Tony Stewart just hit that guy!

(crowd screams)

(calming guitar music)

(jack clinks)

(motor whirring)

(gravel scrapes)

(twangy country music)

(engine revs)

(race car rumbles)

- [Announcer] ...an issue
for Martin Truex Jr.

He immediately said something is wrong.

And now Cole Pearn said, "We
have the tires switched."

They messed it up on pit road.

It's the right front and left front

that are switched on the 19-

- [Narrator] In tiny
Port Leyden, New York,

the number 13 and Ward Racing

are as familiar at local sprint car tracks

as any of the names of
the stock car champions

running on Sunday TV.

(garage door squeaks)

Half the town could grab a
Kevin Ward Jr. race trophy

off the garage wall,

and there'd still be plenty left behind.

- [Kevin Sr.] I counted them yesterday.

There's 396 in here.

- [Chris Halsne] 396 trophies?

- Yep.

This is the first year that he raced.

He won 17 out of 19 races.

And then the second year,
he won 16 out of 19.

And that's all the trophies
up there on the top.

- It was not even an option for him.

It's like, "Well, I'm
sticking with racing."

So he like, basically that's what he did.

That's where his love was.

That's where his passion was, racing,

and that's where he did.

Every weekend, they were gone racing.

(child yelling happily)

(motor rumbling)

(announcer speaking indistinctly)

- I guess from as young
as, it may sound weird,

but as the young as seven months old,

I knew he, you know, he liked,
motors didn't scare him.

You know, some kids, you
start a motor around them

and they're gonna run the other way.

Where, you know, he hears a motor,

he'd run to the motor.

(child chatters happily)

Four years old.

We had the dirt track out back,

and I showed him how to
drive, or run the go-kart,

and it was a very easy starting go-kart.

I showed him, you know, how
to put gas in and stuff,

and he used to go out at
eight o'clock in the morning

and ride the go-kart till
eight o'clock at night.

(go-kart rattles)

I don't think I ever seen him
once ride it across the lawn.

It was always around the track out back.

And he would go, sheesh, I
couldn't imagine how many laps

in the 12-hour period around out back.

- I started racing
go-karts when I was eight,

and I met Kevin

when I was nine.

We grew up on a farm.

We didn't really have a lot
of money to spend on racing.

And Kevin kinda, out of the blue,

just kind of, whether he
noticed me or whatever,

he just started helping out,

like just, you know, not
long after I met the guy.

And we blew an engine up
at the racetrack one night

and he called my Dad and he said,

"I got a gallon of oil for you.

It's gonna cost you $100 bucks,

but you're gonna get a
brand new motor with it."

And I said, "Kevin, you
don't have to do that."

He said, "I know I don't have to do that,

but I'm gonna do that
because I wanna do that

and I can do that."

- My brother and I always had
a really close relationship.

You know, like we didn't argue much.

We were six years apart.

So by the time I was older,
it was more of a friendship

than it ever really was
like a sibling rivalry,

or anything like that.

I used to race, so we had that in common.

I absolutely loved
going to watch him race.

One of his go-karts, his play go-kart.

And this is the driver, Kevin Ward.

Number 13.

- [Child] Number 13.

- It's right here, it's 13!

This right here is Kevin
Ward's racing go-kart.

When I found out I was having a boy,

then, you know, everything was great.

He was gonna have a nephew,

they were gonna start a Ward Racing Team.

At the time, we actually,
when my son about turned one,

we moved down next to my Dad's shop.

So every day, when Kevin would
go to work on the race car,

he'd actually come over and
grab Landon and take him over

so they could do stuff
together all the time.

And that's what I really
loved most about him

is how much he did care for his nephew.

You know, he wanted him to be a part

of the whole racing thing.

(door closes)

- Grandpa, guess who just won on the race?

- [Kevin Sr.] Who?

- Kyle Busch.

- [Kevin Sr.] Did he really?

- Yes.
- [Kevin Sr.] Oh, boy.

He was 14 years old,

and he was supposed to be
16 to be in this class.

But like I said, I helped,
I laid the track down there.

So they let him run the opens there.

- [Chris] And then he ends up beating you.

- Yeah.

(engine revs)

- [Narrator] By the time Kevin
Ward Jr. was 17 years old,

he'd racked up 250 wins and
six championships in go-karts,

was a two-time micro sprint champion,

and had been named the 360
Sprint Car Rookie of the Year.

He still owns the track record
at the Adirondack Speedway

for the fastest lap ever,

13.5 seconds at 135 miles per hour.

- I was always nervous, at every race.

You know, I sat there just
like hoping that, you know,

nothing was gonna happen,
that he was gonna be okay.

And ultimately, when it
came right down to it,

it was his passion for life.

It's what he loved doing.

I wasn't gonna be the one
to take that away from him.

(engine revs)

- We live in a small community here.

They know that Kevin lived for racin'.

I'm sure there's a handful of people

that don't agree that Kevin
was a great kid, but he was.

He was a hard worker,

had a heart of gold.

Kevin had a lot of things

that a lot of the other kids
around here didn't have,

you know, but you'd never know it.

You know, it just, that's
what type of kid he was.

- From 10 years old to this day,

I've always looked up to
the whole family, you know.

Kevin is such a good man.

His wife is phenomenal.

They've helped a lot of
people in the community.

They've helped a lot of people
in the racing community.

(contemplative music)

(contemplative music continues)

- [Documentarian] Is this his room?

- [Kevin Sr.] Yes.

Yep.

Pretty much the way it was
when he left that morning.

Clothes on the back,

the pile over there.

Yeah, his bed's all made up.

And his mother didn't make it, he made it.

That was house rules and

that's what he done.

- [Documentarian] How
hard is it to be in here?

- Really hard.

- [Documentarian] Yeah.

- Yeah, we don't come in here much.

(energetic music)

- [Announcer] Here we go. Final time.

- [Announcer] Big crash
behind the race leader,

Tony Stewart!

That's gonna allow Smoke to pull away.

What's gonna happen behind him?

Can Burton get there?

No, he can't!

Tony Stewart wins it at Daytona!

(crowd cheers)

- [Announcer] Tony Stewart
wins at Martinsville!

(upbeat music)

- [Announcer] Tony Stewart wins!

- Tony's a guy with old-fashioned,
seat-of-the-pants feel.

And I think that's what separated him

from drivers who didn't
come up the way he did.

He's a great natural talent to begin with,

and he's a throwback to
an earlier generation.

Dan Gurney, A.J. Foyt, Mario Andretti,

all who took pride in being able to win

in anything with four wheels.

- [Announcer] Yeah, that
14 is just too strong

up off the bottom of the corner.

Jimmie tried everything he
could, but 14 is just stout.

- I'm Monte Dutton,

and I wrote as a beat
reporter and columnist

about racing for 20 years.

During Tony's rookie season,
we sort of hit it off.

And so I decided to
write a book about him.

"Rebel with a Cause: A
Season with Tony Stewart".

He was personally challenged

and it was,

it was what made him happy

in an otherwise turbulent life.

He did it for fun, you know.

The same way that some people paint,

some people play guitar.

None of them are gonna win Grammys

or have their work hung in the Louvre,

but that's what makes them happy.

- And you won it, and the championship.

What's the emotion right now?

- Oh God, thank the Lord for this one.

- [Narrator] A three-time
NASCAR Cup Series champion,

Anthony Tony "Smoke" Stewart

is one of the most successful
drivers in history.

He's made around $130
million in prize money.

- [Announcer] Down the back straightaway.

Tony Stewart trying to hang on

and get his very first win ever

at the Track Too Tough to Tame.

- [Narrator] He won NASCAR's
Xfinity opening race series

at the Daytona International
Speedway seven times.

He's been inducted into nearly

every race car hall of fame imaginable.

- [Announcer] Stewart
takes the win at Talladega!

Coming down the front straightaway,

it's gonna be all Tony Stewart!

- [Announcer] They're going down at 11.

Stewart just leans on him,

and keeps leaning and keep leaning.

- [Narrator] His acumen for driving

has occasionally been overshadowed

by his reputation as a hothead.

- (bleep) (bleep)

I don't know what he did to you,

but I know you were mad at him.

(bleep) somebody else,
you two right there.

- Hey, shut up!

- Hey! Hey!

(man screams)

(crowd yelling)

- [Narrator] He's publicly punched fans

and competitors alike.

- [Newscaster] The man
confronting the fan in the stands

is NASCAR superstar Tony Stewart.

Stewart, who's been assisting the crew

maintain the track all week long,

was being heckled by this man,

Tulsa County Sheriff's Corporal Kyle Hess.

Stewart went to share words with Hess

and the following ensued.

(crowd yelling)

- I always thought with Tony that,

you couldn't prove it with a camera,

but when Tony was in a bad mood,

his eyes looked black as coal to me.

It was like a pall descended over him.

(crowd roars)

He is not one to cool down

and call tomorrow and warm it all over.

Tony is a guy who, if he doesn't like

how you shoved him
around on the racetrack,

when he gets outta the car,

he's gonna get this straight right now.

He's just, what's that terrible cliché

that I'm gonna regret ever saying,

"That's just Tony being Tony"?

- [Announcer] And boy, Tony
Stewart is after Logano.

- "That's just Shaq being Shaq."

"That's just so and so."

And so it becomes a
rationalization for misbehaving.

But, you know, sports is full of clichés.

- [Announcer] This is them
coming off of pit road

after they had been warned to settle down.

- [Commentator] When you leave pit road,

you can't go above the yellow line.

- [Interviewer] Well,
we're here with Tony.

All right, Tony, your
perspective, what happened?

- Ah, the kid's an idiot.

- [Narrator] Stewart might be most famous

for his NASCAR success,
played out on asphalt ovals.

But he has always kept one
foot on the dirt track,

racing sprint cars.

(engines rev)

He owns a team that has won
at least 23 short track titles

in the World of Outlaws.

These sprint cars use big engines

to press speeds past 150 miles per hour,

while sliding inches from the next car

on nearly every turn.

Making it onto this circuit
was Kevin Ward Jr.'s dream.

- [Announcer] Kasey
Kahne giving a nice push

to Tony Stewart in that outside lane.

- You know, NASCAR's nothing like we do.

NASCAR is obviously the top tier,

and that's where the money's at.

(crowd cheers)

- [Announcer] And the
fans are yelling, "Tony!"

- It's definitely a
different style of racing.

You know, the NASCAR,

you know, 500 miles, 300 laps.

You know, where we're not.

We're 25 laps. It's a sprint race.

It's, you know.

It could be done in seven minutes.

(engines rev)

You really gotta be on top of your game,

and you're racing, hard,

for those 25 laps.

We're not racing a hundred-lapper,

where you can kind of take your time.

You know, you need to hammer
down and go as fast as you can.

So if you fall asleep during this,

then there's something wrong with you.

(upbeat country music)

(fireworks pop)

(motors rattle)

- Sprint cars, they're extremely fast.

The horsepower-to-weight ratio is insane.

And it's probably why
guys like Tony Stewart

like the sport so much,

is because they kind of
afford you an adrenaline rush

like no other.

- It takes some seat
time to get used to it,

to get comfortable enough to
feel like you have control

so you can go into that corner, you know,

130, 140 miles an hour,

six inches off the next guy next to you.

Racing with the same group of guys,

you know who you can come
into a corner that close to,

and you know who to stay away from, so.

That's another fun part about it, I guess.

- [Narrator] The anatomy
of most wing sprint cars

is the same.

They are stripped down to weigh
between 1200 and 1400 pounds

and have massive engine power,

between 500 and 900 horsepower,
depending on the class.

A 25 square-foot aluminum wing

is mounted above the roll cage.

It creates downforce,
sticking the car to the track.

They have no battery, starter,
transmission, or clutch.

The right rear tire is
notably wider than the rest,

and intentionally low on air pressure,

to get better traction on
the banked track corners.

(engine rumbles)

- It would be, probably,

one of the quickest
accelerating vehicles in racing

that you could possibly ride in,

in terms of going around corners.

So they have a huge amount of horsepower

and very, very little weight.

- This sport, it's the highs are so high.

I don't know if you could take
drugs to make you that happy.

It's just something that
propels you so high,

it puts you on a pedestal, you know.

People kinda like look
up to you a little bit.

But then the lows are so low,

that it just, it's a rollercoaster.

(engines revving)

I understand why my father

didn't want me to get in the sport,

because one week you're
on top of the world,

next week, you're literally
at the bottom, you know.

And then you gotta drag yourself out

and work on the car harder,
come back, and be better.

- I think you see guys come back.

I mean, that's their grassroots,

that's what got 'em into the big leagues

making the big money.

And I believe at the end of the day,

I would say

the majority of them guys

would love nothing more to race the dirt.

You know, NASCAR is near and dear to 'em

because of the fortune,
the fame, the money,

the lifestyle that they, you
know, are capable of living.

But I think at the end of the day,

if they could make as much
money racing on the dirt

as they could on the blacktop,
they would, you know,

I think a lot of 'em would
switch back to the dirt.

- Tony yearned for simpler
times at the dirt track,

when he was hanging out with his pals

and people would leave him alone.

And

he

probably loved that

more than

winning the biggest race of his career,

which undoubtedly was the Brickyard.

- [Announcer] Tony
Stewart, a native Hoosier.

His dream comes true!

Tony Stewart wins the
Allstate 400 at the Brickyard!

- [Narrator] The
Indianapolis Motor Speedway,

home to the Brickyard 400,

and Canandaigua's Motorsports Park

in Ontario County, New York,

are worlds apart.

At the Brickyard in 2005,

Tony Stewart raced 160 laps
on a 2 1/2 mile asphalt track

in front of more than
a quarter million fans.

(crowd cheers)

- [Announcer] That's his suite,

outside of turn two, here comes Smoke.

- [Narrator] His winning
prize was around $554,000.

(crowd cheers)

- [Crowd] You're the man! Tony!

(crowd cheers)

- [Narrator] When he
entered a sprint car race

at Canandaigua's half-mile track in 2014,

just a few thousand fans filled
the front stretch stands.

The winner was slated to take home $1500.

- You know, why he was there
that night racing for $1500?

I don't have an answer.

But,

I do know how aggressive he is

to race like that.

The year before, almost to date,

he caused the accident

that the girl ended up with a broken back.

(race cars buzzing)

(crowd yelling)

15 cars got involved, ours was one of 'em.

It broke, ruined our
chassis, and got bent up

over him doing some
stupid move in the front

that shoulda never happened.

It was the second, third
lap of the race, you know,

and he's making moves that,

the weekly guys that we race against

would never have done it.

- The people love the sprint cars.

They're flipping, they're crashing,

they're, you know, wrecking equipment,

and that's all part of it.

You know, we don't like crashing,

we don't like flipping
and destroying race cars.

It costs a lot of money.

But,

at the same time,

I think it's a lot of fun to
put a show on for the fans.

(rhythmic upbeat music)

(crowd cheers)

- Everybody's happy at the
racetrack, for the most part.

You know, you have bad nights,

but you look at the fans
and everybody's smiling

and laughing and cheering and waving,

and that's the fun part of it.

The kids, to me, to see
the little kids out there

and you know, trying
to walk up to the fence

and waving to us and stuff.

That's, I get a kick out of that.

(motors rev)

(wistful music)

- [Reporter] Witnesses at the
Canandaigua Motorsports Park

say the crash was like a
scene from a horror movie.

Around 10:30 Saturday night,

NASCAR champion Tony Stewart
collided with and k*lled

20 year-old competitor, Kevin Ward Jr.

- It's kind of all a blur at this point,

but something that I'll never forget

is Kevin, you know, going through the air,

limp, you know, and just,

I've never seen that before, you know,

and I hope I never see
it again, but it just.

Didn't look like a person, you know?

It's almost like you take a fire suit

and throw it up in the air.

- He got out of his car.

He ran out in the middle of the track.

He pointed at Tony.

Tony took one more lap around

and he stood right there
in front of the car

and Tony never stopped.

And that's all she wrote.

- He was really excited.

I mean, I could see,

like when I arrived at
the track that night,

like I could see like the joy in him.

Like I could tell he was just so happy

that his car was running,
it was hooked, you know,

it was doing exactly
what he wanted it to do.

Like, he knew he had a good
chance to do really well.

- And then to see Tony pull up that night,

that was a big deal, you know?

Because we just broke into this division

and now we're gonna be racing against him.

And then to be running, you know,

I shouldn't say door-to-door,

because he was definitely

a little bit better
than we were that night,

you know, it was kind of a big deal for us

to try to keep up and try to learn,

especially from a veteran driver,

on lines and where to run.

- Kayla was there with their little,

with my grandson there, Landon.

And Kevin's still working on his car.

Landon, he was always involved,

you know, working on the car too.

I mean, he was only four years old,

but he was interested in it,

and had wrenches in his hand all the time.

- I remember he was
standing in the trailer.

I think he was probably texting
his girlfriend really quick.

And I told him, "I'm gonna
go up in the stands now."

"Good luck, bud," you know.

And he just looked at me
and he says, "Thanks, Mama."

And I went up to the stands.

Kevin pushed him out.

And I remember right before
he went on the track,

he told me that, you know,

the last thing he said to Kevin was,

"It's gonna be a good night tonight, Pa."

I mean I just think that just goes to show

how much he really
wanted to win this race.

- [Announcer] Everybody falls in line

where they need to be
behind the pace truck.

And the next time by,

we will turn them loose with the green.

- And it come across the radio, you know,

"Drivers get ready for the A main,"

'cause weather's moving in.

- [Announcer] And Tommy
Wickham in row two.

Darryl Ruggles and
Kevin Ward in row three.

Jessica Zemken and Cory
Sparks in row four.

Jeff Cook and Steve Poirier in row five.

Scott Kreutter and Tony
Stewart in row number six.

- I was up in the grandstands
with my family and everything,

and it was something I always
did on a regular basis.

Like if Kevin spun out,

or if I thought there was any chance

that he could have gotten
hurt or anything like that,

I always go down and check on him.

(motors rumbling)

- Well, the accident happened on lap 13.

- [Newscaster] Stewart's number 14 car

seems to make contact with
Kevin Ward Jr.'s 13 car,

which you see hits the
wall and spins out. Now-

- When you're a big star

and you go to a place like Canandaigua,

you always have

sort of the

situation like the
fastest g*n in the West,

where you have these
local guys who are like,

"I don't care who he is,
he's not running over me."

- [Announcer] Into turn number one.

Tries to slow the slider.

Oh! And we've got Ward into the wall!

Ward into the wall!

He bounces it over the cushion,

and off the wall into turn number one.

We are under caution.

- The weekly racers know how
each one, each driver races.

And they know Kevin's a, you know,

hammer down, up on the top.

When you slide him, you'd
better give him some room,

or you're gonna make contact with him.

Well, Tony, not being a
weekly racer with him,

just slid him so close, you know,

actually clipped him, the front end.

- A slide job is on a dirt track.

When you go in the turn,

you're low in the turn,

and you get more traction
and fly outta the turn

and slide across in front of
the car you're racing against.

In other words, for a lot of
times, there's two grooves.

There's one guy low, one guy high.

They start to surge ahead,

then the guy on the outside has more RPMs

and he goes back by.

A slide job is when that guy on the bottom

goes extra hard into the turn,

and slides up the higher groove

and that's the way he makes the pass.

- [Announcer] And Kevin
Ward's coming out of his car.

He is looking for somebody.

- That's not abnormal.

Usually you get out and you
take your steering wheel

and you chuck it at the other car,

or you run out there and you wave 'em down

and flip 'em the bird, or you know.

Obviously, when you end
up in the wall, you know,

you're not happy, you know.

And everybody has a right to be,

there's a lot of money on the line,

and a lot of pride, a lot of ego.

- Look, it is part of the ethic of racing.

There's no doubt about it.

And you're right, Tony Stewart,
regardless of this incident,

separate from this incident,

has made a career, in some ways,

of having a hotheaded personality.

Fans love him for it.

It is part of the reason
he has made so much money.

You gotta take a look at this.

This is from a few years ago,
an incident with Matt Kenseth.

He and Tony Stewart get tangled up.

Stewart feels that Kenseth

knocked him out of a winning
position in the race.

And what does he do?

He walks onto the track, in
front of a car, basically,

and throws his helmet at Kenseth.

You tell me how close this is.

- You know, we know

that it wasn't a smart
decision that Kevin made

to get out on the track,

to get out of his car.

We acknowledge that, we know that.

But I strongly feel like

that shouldn't have cost
him his life, either.

(foreboding music)

- [Announcer] And Kevin
Ward's coming out of his car.

He is looking for somebody.

He is looking for,

I believe it was Tony Stewart.

- [Spectator] Oh, my God!

- [Speaker] Red, red, red, red, red, red!

(dramatic music)

- When Tony did a slide job,

and I see him spin and hit the wall,

I immediately started down the stands.

I wanted to go see him.

Meantime, while I was
going down the stands,

that other lap occurred.

And that's when he got hit.

- Seeing Kevin get out of his car,

seeing him, you know, he
was coming down the track,

I thought he was actually
coming to my car.

Me and Kevin have,

I might have ran him
outta room in that race.

So I thought he might have been mad at me.

Came at my car.

I gassed it, swerved away
from him, and said to myself,

that next guy in line was
probably gonna hit him.

- I saw him come down the track to,

I believe to yell at Tony Stewart

for the little
fender-bender they got into,

which

unfortunately,

was common.

We couldn't get to him in time.

Usually if we can get to 'em in time,

we can put a car in the way, you know?

(somber piano music)

- There was this big cop in front of me.

He was big and you know, muscles.

I just wanted to get by him so bad.

I just wanted to go over
there, and you know,

I remember like begging
him and pleading with him,

"Please let me over there."

Like, "I need to be
with my son right now."

It never happened, they
never let me go over there.

Five minutes went by, 10 minutes went by.

15, 20 minutes went by, and
they were still doing CPR.

I'm a nurse, so I kinda
knew that it wasn't good.

- Once the ambulance got there,

we ended up putting 'em in the ambulance.

I was in the back of
the ambulance doing CPR

all the way to Thompson Hospital.

- [Interviewer] And when you
got to Thompson Hospital,

did the healthcare
professionals take over?

- They took over.

As soon as we backed up and
opened the doors, they came in.

Well, we got 'em out and I was doing CPR.

One of their nurses continued CPR

all the way into, the rest
of the way into the hospital.

- Operator of the car that was struck

was transported to Thompson
Hospital in Canandaigua

by ambulance.

At the hospital, the
operator was pronounced

dead on arrival.

- Seeing it with your two eyes,

and people are coming up to
you that night and going,

"Kevin's not with us anymore."

"Kevin's dead," you know.

And just saying, "No, he's not."

"No, there's no way."

- I,

just felt like I,

like the only thing I could do was pray.

Like, I needed more
help, I needed to pray.

Like I just, I knew it was bad.

I knew it wasn't good.

I went out to one of the
nurses at the desk there,

and I asked her like, "Do you
guys have a chapel somewhere?

Do you have somewhere that I can go?

Like, I need to say a few prayers.

Is there a chapel here in the hospital?"

And she looked at me and she says,

"I think you should go
back in the waiting room,

because the doctor's gonna
be coming in to talk to you."

So at that point I knew he was gone.

- As far as affecting the local, you know,

the local community,

everybody

took it pretty hard.

Sorry.

(clears throat)

It still,

it still

hurts.

(quiet piano music)

(go-kart sputters)

- I hate that my brother's not there.

That wasn't our plan.

He was supposed to be,

it was the Ward Racing Team, with Papa,

and you know, Uncle Kevin, and
my son and my other nephew,

you know, they were going to be a team.

And that team's not complete anymore.

- I hate the fact that my son's death

is on the internet for everybody

to see,

over and over and over again.

And that was really hard for us to accept.

- [Spectator] Tony Stewart
just hit that guy, Alex!

Tony Stewart just hit that guy!

- This is something that will definitely

affect my life forever.

This is a sadness and a pain

that I hope no one ever has
to experience in their life.

That being said,

I know that the pain and the mourning

that Kevin Ward's family
and friends are experiencing

is something that I
can't possibly imagine.

I want Kevin's father, Kevin Sr.,

and his mother, Pam,

and his sisters, Christi
and Kayla and Katelyn,

to know that every day
I'm thinking about 'em

and praying for them.

- He never,

never came over to any of us that night,

never came to the hospital,

never to ask how we were doing.

Never contacted-

- He never showed any concern for us.

Like there was, there was no
concern for us whatsoever.

Like, he never checked
on Kevin that night.

He never checked afterwards to
see, like, how we were doing.

He never...

It's like we weren't
even a thought of his.

Like, I don't understand.

I don't know how I can forgive somebody

when he seems to have no remorse.

- [Court Official] Do you
swear to tell the truth,

the whole truth, and
nothing but the truth,

so help you, God?

- Yes.
- [Court Official] Thank you.

- [Interviewer] State your name, sir.

- Anthony Wayne Stewart.

- [Interviewer] Mr. Stewart,

do you believe that a
operator of a motor vehicle

should not steer that motor
vehicle toward a pedestrian?

- Absolutely.

(tense music)

- [Interviewer] At any point from when

you first saw Mr. Ward's car,

well, at any point after that,

did you apply the throttle to your car?

- Yes.

- [Interviewer] When did you do that?

- (sighs) In-between the time,

the first time I saw him

to after Chuck Hebing went past him

and I realized he was
running down the racetrack

toward me.

- [Interviewer] Okay.

For what purpose did you
apply throttle to your car?

- [Tony] To try to drive
the car down to the left,

to get away from him.

- [Interviewer] And was that
immediately prior to the impact

between him and your car?

- Yes.

- [Interviewer] And if you
apply throttle in that situation

and steer to the left,

isn't the back of your car
gonna slide to the right?

- It did in that scenario, yes.

- [Interviewer] But that's the
typical way it's gonna move.

- Not necessarily.

- [Interviewer] What
other way would it move?

- [Tony] I mean, depending
on the track conditions,

if the track's really sticky, it wouldn't,

it may not move at all.

- I was behind him,
right directly behind him

going into turn one and two,

and they were telling us to stay low,

and I started to come down a little bit,

and I could see Tony's left
front wheel turn to the right,

closer in the direction
of where Kevin was,

up higher onto the race track.

And then I could see,

I was on the, just underneath him

and I could look up and see,

I could see Kevin still
there in front of his car

and with his hands in the air.

And

I saw the rear of the car stand up

and the dust come off the rear tires

as Tony hit the throttle.

- [Interviewer] And then?

- And then when he hit the throttle,

the rear of the car came around,

and the front end of the
car went to the left,

the car got sideways.

And he struck Kevin.

- And as I believe he saw

Ward pointing at him,

he started to drift up
the track towards him.

And then Ward was moving
his feet quick (fingers tap)

and,

like stutter-stepping,

as Stewart was coming at him.

And then Stewart hit the gas,

the car turned sideways, and
I didn't see Ward anymore.

- [Interviewer] What makes
you comfortable saying

that you think Mr. Stewart hit the gas?

- You could hear the car rev.

- [Interviewer] And did you,

do you feel comfortable that
you can associate that rev

with Mr. Stewart's car?

- Yes.

- I saw Tony's car

go up,

and then he gassed it and came back down,

and he collected Kevin into his rear tire.

And then he was thrown
approximately 70 feet.

- I mean, we said from day one

that it looked like he
had moved up the track

and obviously hit the throttle.

And I know them cars,

what they do when you hit the throttle,

you know, it fishtails out
the back end to the right.

So, you know, we're like,
"Why'd he hit the throttle?"

- Tony's car, there whether, yeah,

I don't know what he was doing.

You know, I'm not in his head.

All I know is that

the rear tires lifted right up,

blew up big and skinny

and the dust rolled off of 'em.

And next thing you know,

Kevin's flying through the air.

I don't know,

I don't know if he was
driving straight at him.

I don't know if he was
getting on the throttle

to try to miss him

and try to get down to the
bottom of the racetrack.

I don't know.

There's a split second
there that I can't see.

- [Interviewer] You saw Mr. Ward struck,

and then did you ever see him move again?

- No, I saw him,

I saw Tony make impact

and strike Kevin

and I saw Kevin going through the air

and I immediately turned onto the left.

I tried to look and,

no.

- It's inconceivable for me to believe

that Tony Stewart intentionally
hurt another driver.

But it is not inconceivable
for me to believe

that Tony felt like he
was protecting his turf.

You may have said, "I'll
fix his young a*s,"

but you've done it 1,000
times and no one's got hurt.

And there is a tragedy,

there is a comedy of
errors that takes place.

But I'm positive that Tony
didn't try to k*ll somebody.

I think that he tried to say,

"I'm Tony Stewart, you
don't mess with me."

But I think it was probably

something that had happened 1,000 times

and nothing bad ever happened.

(haunting music)

- But again, I want to please emphasize

and make it clear that
at this very moment,

there are no facts in hand

that would substantiate or
support a criminal charge

or indicate criminal intent
on the part of any individual.

(suspenseful music)

(staccato music)

(staccato music continues)

- [Interviewer] Would you
state your name please, sir?

- My name is John C. Abraham.

I'm an investigator

for the Ontario County
Sheriff's Department.

- [Interviewer] Let me let you look at

what we've marked as Exhibit 13.

Do you recognize that?
- Yep.

- [Interviewer] And what is it?

- That's a statement I
took from Mr. Stewart

on

August 9th, 2014.

I started typing at 11:49 p.m.

- [Interviewer] And was
that a recorded statement

that was later transcribed, or were you-

- No, it was, I typed it.

(keyboard clicking)

- He says,

"We came around turn two under caution,

because the driver that stepped
out of his car had crashed.

When I came around turn
two, there was Chuck,

he was in the car in front of me,

and the driver was
running down the racetrack

and almost ran into Chuck's car.

And when Chuck went by,
he was running at me

because he was upset

that I was the car next
to him when he crashed.

And he stepped right in front
of the car and I swerved,

and then I felt my right rear
tire make contact with him."

What are your thoughts
on that first statement?

- That was his first story.

He seen Kevin walking toward the 45.

He seen him walking toward his car.

So that was the first story.

Well, the last story was

that he lost track of him or whatever,

but I mean, that was the
original story there, so.

- Mr. Stewart said that
he attempted to swerve

and that he felt the right rear tire

impact Mr. Ward.

- [Interviewer] That's
the general substance

of your first conversation
with Mr. Stewart that night?

- That's the only conversation I had.

- [Interviewer] Oh, I misheard you.

I thought I heard you say you
talked to him more than once.

- Nope, that was the only time.

(high-pitched music)

- [Narrator] Tony Stewart's
nine-question conversation

with police officers

is written up in less than half a page.

After the first answer,

Stewart spoke a total of 57
words and the interview ended.

- [Interviewer] Going out
to investigate that evening,

did you follow super sprint racing?

- I did not, I still don't.

I did not know any, I mean,

I don't follow sprint racing at all.

Like I said, it's actually the first time

I've ever had to go to the
race track for an incident,

you know, since, in 27 years.

- [Interviewer] Have you
ever done an investigation

of any sort of race car or crash?

- No, I have not.

- [Interviewer] Prior to this
one, I guess I should say.

Is that fair?

- [Deputy Rago] That's correct.

- [Interviewer] So what's
typed up on exhibit 13

is what Mr. Stewart said to you
that night, is that correct?

- [Investigator] Correct.

- [Interviewer] He didn't
say anything to you,

about, for instance,

what his position was on the
track prior to the collision.

Is that fair?
- [Investigator] That's fair.

- [Interviewer] He did
not say anything to you

about whether he applied
the throttle to his vehicle

at any point prior to the crash?

- No, he did not.

- I don't know that they
asked the right questions

on the night of the accident.

They had heard what happened.

They had heard that Kevin Ward

stepped in front of Tony Stewart's car.

They're gonna think, you know,

"Blame is on Kevin Ward.

Tony Stewart was just a
hapless victim in all this.

And you know, he's probably
a little bit upset about it,

and we're gonna go easy on him."

- "Oh, he just stepped
in the front of my car."

Was that true or not? Okay.

They have no basis to say is
that really what did happen.

But just general appearance is, you know,

"Car is going here and
the guy is hit by the car,

so he must step into the car."

That's what their reasoning was.

They have no base or science
or anything like that.

- [Interviewer] When you had a chance

to meet with Mr. Stewart
that evening, August 9,

did you have the impression

that he was aware of what
had occurred on the track?

- [Investigator] Absolutely.

- [Interviewer] Did he
show any signs or symptoms

of any kind of impairment to you?

- No, I actually even asked him as well.

I didn't smell it, I
didn't sense anything.

He was just very upset, very distraught.

- I most definitely think
they should have tested him.

They tested my son.

My son didn't have an option
whether he got tested or not.

Why shouldn't have Tony have been tested?

If there's a fatality, you just do it.

They basically asked Tony, you know,

"Did you have any alcohol?

Did you ever do any drugs tonight?"

or something like that.

"Nope? Okay."

That was good enough for them.

- We're looking at clothing,
we're looking at lighting,

we're looking for eyewitnesses
that were working.

We're looking for any information now

that will assist us in this investigation.

Again, it's less than 16 hours old.

It's ongoing.

- [Reporter] Are you
looking into the possibility

that Stewart may have
swerved at the last minute,

deliberately, waiting
until the last minute

to get out of the way?

- This is an ongoing investigation

and we are looking at any information

that's relevant to the crash.

- We got the sense that night that,

like something wasn't right,

just the way that Sheriff
Povero was talking to us

and how he didn't want to answer

some of my questions that I had for him.

And when I'd ask him direct
questions about the case

and what they were gonna
do and stuff, like,

he literally just like turned away from me

and like wouldn't even
look me in the eye anymore.

And I thought that was so strange.

(dramatic music)

(dramatic music continues)

- New tonight at 10, the grand jury

that will determine if
NASCAR's Tony Stewart

will face charges for
k*lling another driver

met for the first time today.

- Yes, the charges that

were submitted to the grand
jury for consideration

were manslaughter in the second degree

and criminally negligent homicide.

- Drivers are trying to stay
focused on what's ahead,

but they say the prosecutor's pursuit

to be sure it was all an
accident is a setback.

- He's going through the dickens

since the whole thing happened,

and now his fate is in
the hands of a jury.

That's a pretty tough deal.

- I mean, I've been in a court for,

you know, speeding
tickets, (laughs) you know?

But,

I didn't know what to expect.

I've never even been to that courthouse.

Then you walk in,

and there's all your fellow
racers, there are a bunch there,

you know, you got five or
six of us that are there.

They all have lawyers.

- [Documentarian] But you didn't feel like

you needed one?

- I didn't think I needed one
until I walked in the door

and everybody else was lawyered up.

Then I said, "Well, maybe
I shoulda had somebody."

- What cost him his life was
the actions of Tony Stewart.

Him moving up the track,

when he was being told to stay
low and slow on the track,

accelerating under a caution,

sliding his car sideways,

(indistinct) his tires.

You know, those are the actions
that took my son's life.

- The difficult part is
if it was a road accident,

you know, everybody in
the jury understands.

They either drive or they have a car

or they've been in a car.

(dramatic music)

The people there have, I'd
probably put money on it,

never been to a race, you know,

never been around a race car.

They just don't understand.

They didn't have a breakdown.

They didn't even have a car there to say,

"This is what a car looks like.

And this is, you know, this is stagger,

this tire's bigger than this tire.

And this is where the throttle is,

this is where the brake pedal is.

This motor has 700 horse, you know,

on a car that weighs 1400 pounds."

It's difficult to explain to somebody

that doesn't have a clue.

- Well, the videos actually
did not demonstrate any

aberrational driving by Tony Stewart

until the point of impact with Kevin Ward,

at which point his vehicle
veered to the right up the track,

as a result of the collision.

Prior to that, his course
was pretty straight.

(motor revs)

- Some of our lawyers told us, like,

"Proof is in the video.

Like, just let them do their job.

All they have to do is watch the video.

They can see what happened.

Like, don't hound them, you know,

don't bother them all the time,

just let them do your job,

you're gonna be good.

Just let 'em go ahead
and just do the video."

One of my biggest regrets yet.

- [Interviewer] If you assume
he did not move to the right,

but continued on the line he was on,

do you think he would've missed Mr. Ward?

- Yes.

- [Interviewer] Can you
think of any good reason

why Mr. Stewart would've
turned his tires to the right?

- No.

- [Interviewer] Do you
think it's common knowledge

among sprint racers

that if you

are moving at caution speeds

and apply throttle,

that it's gonna cause the rear right,

the rear of your car

to slide out to the right?

- Yes.

- [Interviewer] Can you
think of a good reason

why Mr. Stewart would've applied throttle

right before the impact with Mr. Ward?

- No.

- After listening to and
questioning all of the witnesses

and reviewing all of the evidence,

the grand jury has determined
that there is no basis

to charge Tony Stewart with any crimes.

His case was, therefore, no
billed by the grand jury.

(gentle music)

- [Speaker] A grand jury in
Ontario County, New York,

has decided there is no basis
for any criminal charges

relating to Tony Stewart's role

in the August 9th death of Kevin Ward Jr.

during a sprint car race.

The grand jury had met Tuesday

to hear evidence from District
Attorney Michael Tantillo,

and quickly determined charges
would not be necessary.

Stewart being cleared of any wrongdoing

is a tremendous boost
for the NASCAR community,

where Stewart has many
supporters among drivers,

crew members, and their families.

- I mean, our son is gone.

We're never gonna see our son again.

And nobody has,

Tony has not been held
accountable for that at all.

Not being charged with anything,

not spending one day in jail,

which I feel he should
be in jail right now.

I have to live with that every day.

And that is so hard

to think that my son's death
has gone unaccountable.

We've gotten no justice for our son.

- Most people, they lose a family member,

and you know, they go
through the calling hours,

they go through a funeral,
they put 'em in the ground,

and then, you know, you can start healing

and you start moving on.

I feel like my family
was never given that.

- Maureen, startling revelations today.

Victim Kevin Ward Jr.
was high on marijuana

the night he stepped out of
his race car on a live track

and was struck and k*lled by Tony Stewart.

- There is toxicology evidence in the case

relating to Kevin Ward

that actually indicated that
at the time of operation,

he was under the influence of marijuana.

- I'm not surprised.

I mean, young kid, high on marijuana.

Famous, famous person gets off, you know.

Did they do a blood test on Stewart, too?

- [Newscaster] Stewart was not tested.

A drug expert interviewed
Stewart the night of the crash

and determined he was
not under the influence

of drugs or alcohol.

- I don't think it made
any difference, at all.

But it comes off as,

"Well, he was high and that's
why he got outta the car."

No, he got outta the car
cause he was pissed off.

You know.

It had nothing to do with it.

- When they seen the fact that
Kevin had THC in his system,

that was their ticket.

It was Tony's ticket to freedom.

Like, that was the means,
what they needed to use

to give them justification

or a motive to be able to clear Tony.

- [Narrator] That THC was present

during his postmortem autopsy
lab work is indisputable.

But the questions that
cannot be answered by science

are whether Kevin Ward Jr.

was impaired by his marijuana use,

and how long it had been
since he last used the drug.

- No way.

No way did he have, had
been smoking marijuana.

I'm saying, well, Friday
morning we left to go to Canada,

you know, eight o'clock in the morning.

So,

I have no idea when he'd had to smoke

the five hours before he got in that car.

There's no way possible.

- All right, my name's Michael Holland.

I'm a medical toxicologist

and occupational medicine physician.

I do a lot of investigations for

forensic toxicology is one
of my special interests,

and postmortem is,

most of forensic toxicology
is postmortem toxicology.

The carboxy THC, the one that's 78,

that's an inactive metabolite.

That can be 2,000 and not impairing.

It's not an impairing drug.

Well, you know, a living person at 13.1

would exhibit all these
different impairment things,

and you would see all
these different things.

You can't say that from a
postmortem central blood specimen.

You just can't.

You know, and from aortic blood,
I can almost guarantee you

that that's not what his
antemortem blood level was.

Almost assuredly it would be less,

because that's a long postmortem interval

and it's from central blood,

and we know it exhibits
postmortem redistribution.

- The levels that were determined

were enough to impair judgment, yes.

- [Announcer] The 28, going
after Kevin Ward's number 13

off the turn,

as Ward able to keep the position,

as Ward trying to reel in

the Paul Kinney number
19K, as Jason Barney-

- It's hard for me to imagine

someone who's acutely high on marijuana

to be able to, A, negotiate
that kind of a scenario,

and drive that fast and safely do it;

and B, even making that decision

that it would be safe to do that.

You know, "I'm gonna go get high."

- [Announcer] The 13 of Kevin Ward

holding on to position number
six, Jeff Cook is seventh.

- Those levels in your system

consistently continue to
rise after someone passes.

So the fact that Kevin might
have had THC in his system,

the fact that it could
have been, you know,

a low level where it wouldn't
have showed impairment,

or, I'm not even sure what
they would consider impairment,

but they waited 39 hours
to test his blood for that?

- And then we were told it's a
matter of how the body's laid

and where they draw the blood from.

- [Chris Halsne] You don't
think justice has been served?

- Not at all.

Not at all.

I ask myself, "Why?" every day.

I do, I mean is it just
because it's who he is?

I mean, why didn't they charge
him with one single thing?

- And that was the reason
the civil suit come about.

You know, civil suits are about money.

We told 'em from day one,

we don't want 10 cents
of Tony Stewart's money.

We don't need 10 cents
of Tony Stewart's money.

We just wanted answers to what happened,

and you know,

it may sound mean, but,

put him through some of what
we went through, you know.

(quiet music)

(tense music)

- Right now, in the last 30 minutes,

we've learned that NASCAR
driver Tony Stewart

is being sued by the
family of Kevin Ward Jr.

for a deadly 2014 dirt track accident.

(serious music)

- I am Richard Ziernicki.

I am President and CEO
of Knott Laboratory,

consulting engineering
firm in Denver, Colorado.

I have been doing this type
of work about 35 years.

That means this investigation
of motor vehicle accidents

and industrial accidents.

- The beauty of solving this
project with videogrammetry

is that we get to change our perspective.

We get to see this accident
from a different vantage point.

We actually have the video.

- [Colleague] It's layer one.

- As layer one, yes.

This is our video.

So if you were to watch the video,

you're gonna see it's all over the place.

And we have to be able to calibrate

and analyze this video
footage for each video frame,

because it's such a rapid
succession of changing

video and camera properties.

And we need to be able to solve

for all those multiple
different vantage points.

- There's nothing more
than just series of images.

All the camera we deal with,

currently they are about
30 frames per second.

Those are a series of images,

still images, okay?

So the video, what you see,

we fooling your eye by telling
you something is moving.

Nothing is moving.

Series of videos.

Your eye take this as a motion,

but there is no motion
actual on those images.

And to run the program, it
took like four or five minutes.

Now it takes a couple seconds.

Boom, done. The same.

So speed of the computers
change so dramatically.

- Every new case is a new challenge,

and it's like putting a puzzle together.

So that's why I enjoy it.

There were

spectators

filming this.

There was a track camera filming this.

There were GoPro cameras, or the like,

in at least several of
the vehicles on the track.

So this was all being recorded,

and,

once it happened,

it helped to untangle the videos,

helped untangle what actually occurred.

- The reason we are hired,

because there was no definite answer

what really happened on scientific level.

We have deposition, we have
statement, we have video.

But the video,

you can look on the video all your life

and you cannot comprehend
the depth of the video,

where the things are in relation,

depth in the video.

Because the nature of human eye,

we don't have ability to
read depth on a video.

How far they are apart.

Are they two inches apart
or five inches apart?

Your body, your brain, your
eye cannot figure out that.

We need to digest that from that video.

And in combining this
with the 3D scanning,

now we can do that.

- In this case, I think we had

hundreds of millions of data
points based on our laser scan.

We understand exactly where
these points in space are,

and then when we have a vehicle
moving through that space,

we know what its vehicle dynamics are,

we know where its position in space is,

and we can quite accurately tell

exactly the location of the
vehicle and how it's behaving.

- And that's the beauty of physics, right?

You can break the laws of man,

but you can't break the laws of physics.

Okay.

And,

by golly,

Tony Stewart stepped on his throttle.

When he applied throttle,

the car rotated and kicked the right end,

okay, so the passenger
side rear of the car out.

And what that did

is it kicked it right into
where Kevin Ward was standing.

And the right rear wheel,

just, it's very gummy,

it's like, sort of like
a spongy-type material.

It probably just, you know,
sucked Kevin Ward right into it.

And that was, unfortunately,
the end for Kevin Ward.

- Each frame we can figure out

acceleration or
deceleration of the vehicle.

And we did.

And each frame we can figure out

your angle or fishtailing of the vehicle,

and quantify that, how many degree.

Not just roughly left or right.

No, specifically.

That was the beauty of that analysis.

It's not the guess work,
it's not the judgment.

There is not no judgment whatsoever.

It is what that video shows.

We found not what he did, but
we found what the car did.

Okay? Difference, huge difference.

And we can potentially extrapolate that

because the car didn't do anything

unless you step on the gas, right?

So if you step on the
gas, the car will respond.

But we analyzed not the human behavior,

we analyzed the car response.

But the car responded to human action,

human

applying steering angle,
applying this, applying that.

So the car did accelerate.

There is no base or reason
for car to accelerate

unless you step on the gas.

So yes, driver forced
that car to accelerate.

- We tracked every single
race car that we could

that went by Kevin Ward prior to impact,

so that we could see what their path was,

see what their speeds were,

how were they reacting to this hazard

that was in the racetrack.

And what we found is that these other cars

were, in fact, following
caution procedures

of staying low on the track,

and they were avoiding the
area where Kevin Ward was.

In the video that you will see,

there are paths that demonstrate

the paths of each of those vehicles

that went by Kevin Ward
prior to the accident.

Kevin Ward never stepped

beyond the path of those six vehicles.

He never got in their way, so to speak.

So,

it isn't until Tony Stewart comes by,

you see all these six paths, right?

And then Tony Stewart
makes a diagonal line

straight through those other paths,

in the direction of Kevin Ward.

- [Documentarian] When you just look,

again, I'm talkin' YouTube,

you're just eyeballing this thing,

it looks like Mr. Ward
is moving down the track

and he kind of steps
into Tony Stewart's path.

You found that didn't,

that isn't true.

- That's not true.

So again, based on the videos,

and based on the videogrammetry,

Kevin Ward did come down the track

from the location that his car was at,

but he stopped at a certain line.

He didn't come very close
to the previous six cars,

low on the track.

He didn't walk all the way down the track.

He stayed relatively high, okay.

And he wasn't coming down
into the path of Tony Stewart.

Again, should Kevin Ward
have been out of his car?

No, he should not have.

But, after he got out of his car, okay,

he stayed rather high in the track.

And if it weren't for Tony Stewart,

this incident wouldn't have occurred.

- He stopped, and his upper body

moved away from Tony Stewart.

He did not make a move into the vehicle.

He kept walking, then he stood

for a split second before impact

and upper body, not leg,
upper body move away from car

when he was hit.

- It's not until he accelerates
and hits the throttle

that his vehicle would,
you know, act accordingly.

You know, if you're gonna hit the throttle

in a lightweight, high-horsepower vehicle,

it's gonna kick the rear end out

and it's gonna throw up dirt

and it's gonna do all the
things that a car would do

if you're gonna stone a competitor.

But when you're doing
that type of maneuver,

the vehicle's also gonna
have a tendency to drift.

And

the drifting

would actually cause the
vehicle to go up the track.

- I don't believe Tony
Stewart was truthful

in answering why he applied his throttle.

(somber music)

- Well,

it happens in racing,

but normally people don't get k*lled.

And

I do think

that it's absurd

to think that it was,

that it was intentional.

I mean,

it would be no more, say,

uncommon than say,

a horse-collar tackle in football,

or a beanball in baseball,

or a grabbing the face mask, you know?

I mean, it's something,
it's sort of a, I mean.

There's an implication in the word stoning

that sounds more sinister
than it is, you know.

- [Interviewer] "He left
his lane and hit the gas

and to me it just like, it
looks like it was intentional."

Do you want to modify that sentence?

- Well, I don't know if I would
put intentional there again,

not knowing how those turn.

And one of the things that
we've seen in the past

at Canandaigua Motor Speedway

is they like to throw
dirt in people's face.

All right?

That's intentional.

Hitting somebody, maybe
not so intentional.

I don't know.

But I've seen people throw
dirt in other people's faces.

- [Interviewer] That seems
like a bad idea to do that.

- Very bad idea.

Bad idea getting out of the car,

bad idea doing that as well.

Two wrongs don't ever make a right.

- We've maintained this from day one.

We don't think Tony

intentionally meant to hit and k*ll Kevin.

- No, absolutely not.
- We honestly feel

that he just wanted to intimidate him.

He was upset with him.

Whatever his motive was.

Like, you know, put a show on for people.

I don't know what Tony's motives were.

But I strongly feel that
he went up the track

and tried to throw dirt on my son.

I don't think he meant
to hit him and k*ll him,

but that's what happened.

- [Interviewer] You didn't
hit Kevin Ward Jr. on purpose?

- Absolutely not.

- [Interviewer] You didn't
try to slide a little bit,

throw mud on him?

- You can't throw mud on somebody

when you haven't got to him.

The mud from the tire would go behind you,

so you can't throw mud forward.

It would throw it backwards.

And there wasn't any mud to
throw in the first place.

- [Interviewer] So your
answer to my question

is no, you didn't do that.

- No, not at all.

- [Interviewer] All right.

Are you aware that sprint
car racers do that sometimes,

or have done it?

- Yeah.

- [Interviewer] And that's, you agree,

that's a terrible idea, right?

- I've been around sprint
car racing a long time.

It's part of the sport.

- [Interviewer] Right,
but it's a bad idea,

even though it's part of the sport.

- I've never seen anybody get hurt

by throwing mud at somebody.

- We live in a society

where people constantly wring their hands

and they say, "He coulda k*lled somebody!"

Or,

you know, it's like,
"Don't sh**t that BB g*n.

You might put somebody's eyes out!"

Well, the great majority of
people that sh**t BB g*ns

don't put somebody's eyes out.

But sometimes it happens.

- I wasn't trying to slide anywhere.

I was trying to drive underneath him,

and get away from him.

- [Interviewer] I'm just
talking about in general.

You wouldn't wanna slide your
car around or near someone,

because you have less control
over your car on a slide

than you do when you're
just driving it, right?

- Yes.

- [Interviewer] That
would increase the risk

that you might hit somebody, right?

- Yes.

- [Interviewer] So that's
a terrible idea, right?

- Correct.

- [Interviewer] And your
testimony under oath

was you were not gonna do that-

- I didn't say-

- [Interviewer] to Kevin Ward Jr.

- I was not trying to slide at him, no.

- [Interviewer] Nor throw mud on him.

- No.

- [Interviewer] All right.

- So Tony Stewart obviously
thinks he did something else

than what we found.

And what's interesting is that
is Tony Stewart's reality.

That's what he believes that he did.

If they say to stay low, you stay low.

Okay, you don't go high.

And

I don't,

I'm not a mind reader.

I don't know what he was thinking.

But I can talk about the
physics in what happened.

And what happened was
he not only went high,

but once he got high and got
close to where Kevin Ward was,

he decided to step on his throttle.

- You can't hold the police
harmless in this case

because

there are

officers that have the same
laser scanners that we have

that are accident reconstructionists.

We've had several cases
at Knott Laboratory

where we take the police data

and we use it the way it should be used,

with videogrammetry.

And I don't think that in this case,

you just let somebody off the hook

'cause you're not technically
able to analyze the data

that you could collect.

So, I don't think there was
enough investigation done

on their part.

I don't think that, a lot of times,

that they put forth
the effort they need to

for justice to be served.

A great question would be,
to that grand jury would be,

show 'em the paths that the vehicles took.

There's six cars that passed Kevin Ward

without impacting him.

Show 'em the path that Tony Stewart took

prior to the accident,

and see if that would change their opinion

of whether there was any intent,

or any harmful intent in this case,

that would've changed their opinion

that a crime was committed.

- Do you think that if
a grand jury or the DA

would independently look
at that information,

that it might have made a
different determination that day?

- Oh my God, yes.

I think that would be.

- I would sure hope that would.

- It's beyond me that we can have

a tape forensically
analyzed out in Albany,

and that tape was the one that they used

to supposedly clear Tony,

to clear Tony without any
wrongdoing whatsoever.

But yet, in our case, we
have it forensically analyzed

and it's completely the opposite.

So, like, how does that happen?

- Oh, there's definitely wounds, you know.

And I think even what was kind of weird

is the perception of the whole thing

started out one direction,

and then just kind of completely flipped

the other direction.

I think at first, it was hands
down it was Tony's fault.

And then,

as the whole investigation
started going on,

everything was kind of like

moving towards the other direction.

And at the end of it, I think 100%,

it was completely Kevin Ward's fault.

And I don't think the
original was the right way

and I don't think the
end was the right way.

There's a lot of gray here.

- Like we wanted him held accountable.

And you know, if you do k*ll somebody,

even if it wasn't intent,

like he didn't intentionally
mean to k*ll my brother.

I also do not believe that.

But he did.

His actions that he had that night

did cause his death.

And even if it does
take another five years,

I want his story out there,

the truth of what really
happened that day.

(poignant piano music)

(piano music continues)

(dog barking)

- What I admired most about him

is

his zest for life.

He was such a happy person.

He was just one of those happy-go-lucky,

like roll-with-anything
kind of personal attitudes.

Like, he just took advantage of life.

(solemn piano music)

He enjoyed his life, the
short time that he had.

And I miss his smile.

I miss the happiness he
always gave to other people.

He'll be missed forever, for sure.

(solemn piano music)

(solemn piano music continues)

(solemn piano music continues)

(gritty rock music)

♪ I came from the mud ♪

♪ There's dirt on my hands ♪

♪ Strong like a tree ♪

♪ There's roots where I stand ♪

♪ Oh I've been running from the law ♪

♪ Hope they won't sh**t me down soon ♪

♪ Pacing on a sleepless night ♪

♪ Try to catch me howling at the moon ♪

♪ Try to catch me howling at the moon ♪

♪ Try to catch me howling at the moon ♪

♪ Try to catch me howling at the moon ♪

♪ When it rains it pours ♪

♪ Water's up to my chin ♪

♪ Won't stop fighting ♪

♪ To the very end ♪

♪ Many men try to reach it ♪

♪ Many men have failed ♪

♪ Well if you wanna get to heaven ♪

♪ You gotta raise a little hell ♪

♪ And I've been running from the law ♪

♪ Hope they won't sh**t me down soon ♪

♪ Pacing on a sleepless night ♪

♪ Howling at the moon ♪

♪ Will you find me ♪

♪ Hope you find me ♪

♪ I'll be back home soon ♪

♪ When the sunrise ♪

♪ When the sun ♪

♪ Rise ♪

♪ Try to catch me howling at the moon ♪

♪ Try to catch me howling at the moon ♪

♪ Try to catch me howling at the moon ♪

♪ Try to catch me howling at the moon ♪

♪ Try to catch me howling at the moon ♪